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5.34.940 Public Works Contracts.

(Amended by Ordinance Nos. 181547, 183445 and 185065, effective January 1, 2012.)

A.  Required Contract Conditions. Every Public Works Contract must contain the following provisions:

1.  City authority to pay certain unpaid claims and charge such amounts to Contractors, as set forth in ORS 279C.515A.   

2.  Maximum hours of labor and overtime, as set forth in ORS 279C.520(1).

3.  Employer notice to employees of hours and days that employees may be required to Work, as set forth in ORS 279C.520(2).

4.  Contractor required payments for certain services related to sickness or injury, as set forth in ORS 279C.530.

5.  Requirement for payment of prevailing rate of wage, as set forth in ORS 279C.830(1).

B.  Requirements for Specifications. The Specifications for every Public Works Contract, consisting of the procurement package (such as the Project Manual, Bid or Proposal Booklets, Request for Quotations or similar Procurement Specifications), must contain the following provisions:

1.  The state prevailing rate of wage, and, if applicable, the federal prevailing rate of wage, as required by ORS 279C.830(1)(a):

a.  physically contained within or attached to hard copies of Procurement Specifications;

b.  included by a statement incorporating the applicable wage rate publication in the Specifications by reference; or

c.  when the rates are available electronically or by Internet access, the rates may be incorporated into the Specifications by referring to the rates and providing adequate information on how to access them.

2.  If both state and federal prevailing rates of wage apply, a requirement that the contractor shall pay the higher of the applicable state or federal prevailing rate of wage to all workers.